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1. The judgment of the first instance, including the conjunctive claim added by the Plaintiff in this Court, shall be modified as follows:
Reasons
1. Facts of recognition;
A. On September 29, 1979, the Defendant completed the registration of ownership transfer with respect to the land of 1,504 square meters in Busan-gun, Busan-gun (hereinafter “instant land”).
B. The Defendant’s land was connected to the Namwest-gun, 182 square meters of the F, 2,235 square meters of the land prior to the annexation, and 496 square meters of the land prior to the annexation, and the aforementioned F land (hereinafter “instant F land”) was combined with the Plaintiff’s father on September 29, 1979, with respect to the said F land, the ownership transfer registration was completed on September 29, 1979. As to the said D land 2,235 square meters of the land prior to the annexation and the said E land 496 square meters of the land prior to the annexation, each ownership transfer registration was completed under the Plaintiff’s name on March 16, 1996, and on February 4, 2010, the Plaintiff was combined with D land 2,731 square meters of the land in Busan-gun, Busan-gun (hereinafter “the Plaintiff’s land”).
C. In order to prevent the flow of soil into the Defendant’s land as the instant F land and the instant Plaintiff’s land is high compared to the instant Defendant’s land, it refers to the walls filled up by piling up at the edge of the retaining wall of the stone embankment so that the soil does not collapse by the kind of the retaining wall on the line connecting each point of the attached Table 1, table 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 10 of the instant land.
(hereinafter “the instant stone axis”) had been constructed. At present, a fence was constructed on the line connected with each point of Annex 1, 17, 16, and 20 marks in Appendix 1 drawings, and part of the instant stone axis remains on the line connecting each point of Annex 24, 25, 26, and 27 marks in sequence. A part of the instant stone embankment was removed and a retaining wall was constructed in cement. The said drawing marks 18, 19, 20, 21, 22, 23, and 24 marks were successively connected to each point of Annex 18, 19, 20, 21, 22, 23, and 10 marks in sequence and marks 27, 28, and 10 marks in the same drawing.
On the other hand, G died on February 6, 2006.
The net G was married with I and died on September 2005 before G was deceased, and the I died after G. G.